How to Check Availability for Business Names

by Cat Reynolds, Demand Media

People should remember you by your business name.

business image by peter Hires Images from Fotolia.com

Naming a business is serious business. Your business name makes the all-important first impression, and for small businesses, their names may also represent their brand. While Proctor &amp; Gamble is a company name, "Cheerios" is just one its brands. But with a smaller business such as Ben &amp; Jerry's Ice Cream, its name is also its brand. Choose a name carefully. After brainstorming a list of prospective names that you believe your business will not outgrow, that are memorable and that describe the business accurately, you need to make sure no one else is already using the name.

Step 1

Search for the name at a domain name seller. If you want to name your business "Gamer Supply," and the domain is, someone may own a business with that name. To further investigate, use a "whois" search to find out who owns the domain name and whether it is also the name of a business.

Step 2

Check with your county clerk's office. Many counties require business owners to file a "Doing Business As," or DBA, registration. If someone in your county already has the name you want, the county clerk's office will have a record of it. In Houston, go to the the Harris County Clerk website. On the left side, click on "Search Databases." On the next page, click on "Assumed Names." Enter the name you wish to use. If nothing turns up, the name is available.

Search for the name of corporate entities on the Secretary of State's website in your home state. The Secretary of State's office maintains records on corporations and taxable entities. In some states, you can call the Secretary of State's office for the same information. In Texas, call 512-463-5555. Or email to ask if the name you want is available. Send the email to corpinfo@sos.state.tx.us. Fax your request to 512-463-5709. The office charges $5 for a fax request. You also can conduct your own Texas search through SOSDirect, the secretary of state online system. You will have to provide a credit card number to pay $1.

Step 4

Search the corporate listings for the state of Delaware. To do so, go to Delaware's Department of State. From there, go to the Division of Corporations' "Name Availability Search" page. For legal and business reasons, many companies incorporate in Delaware, even though they may be physically located in another state, according to the Delaware Department of State.

Step 5

Check trademark registrations. Go to the U.S. Patent and Trademark Office website. Click on "Search Marks," which will take you to the Trademark Electronic Search System. If the name you want is similar to something already there, you may or may not be able to trademark it. The patent and trademark office conducts its own search and makes that decision, according to the U.S. Patent and Trademark Office website. If it's not there, you can be pretty sure you won't be infringing on someone's trademark.

About the Author

Cat Reynolds has written professionally since 1990. She has worked in academe (teaching and administration), real estate and has owned a private tutoring business. She is also a poet and recipient of the Discover/The Nation Award. Her work can be found in literary publications and on various blogs. Reynolds holds a Master of Arts in writing and literature from Purdue University.

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